Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee

Fifth Circuit

Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee

580 F.2d 808, 1978 U.S. App. LEXIS 8856, 1979 A.M.C. 646

Court of Appeals for the Fifth Circuit·Decided September 21, 1978·No. 78-1624·Published·Cited by 4 cases

Opinion

PER CURIAM:

We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.

The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant’s contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the Maritime Lien Act of 1920, 46 U.S.C. § 971 et seq. requires that the lien for crew wages not be given its usual superiority in this case.

AFFIRMED.

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PER CURIAM:

We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.

The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been rebutted by appellant’s contention that Lee-Roy was a general agent. There is no merit to the contention that the overall purpose of the Ship Mortgage Act, 46 U.S.C. § 911 et seq., and the Maritime Lien Act of 1920, 46 U.S.C. § 971 et seq. requires that the lien for crew wages not be given its usual superiority in this case.

AFFIRMED.

Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee, 580 F.2d 808, 1978 U.S. App. LEXIS 8856, 1979 A.M.C. 646 (5th Cir. 1978).

Pincite

580 F.2d 808 (Bank of New Orleans and Trust Company v. The Oil Screw Tracy Marie, Etc., Lee-Roy Towing, Inc., Intervenor-Appellee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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